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Protection of computer games and video games
Žížala, Mikuláš ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
5 Abstract Protection of computer games and video games This study aims to explore the issue of legal protection of video games and their components, with the main focus on the intellectual property rights. Furthermore, this study describes the possibility of the protection for video games as complex unit through a copyright and the protection of video games or their components using the industrial property rights, in particular through patent and trademark protection. The study also aims to describe the legal status of the video game protection, within the framework of Czech legal system as well as European Union law and international law. Finally, this study summarises the issues arising from the existing legal regulation and provides possible implications. The first chapter outlines the main rationale for choosing the topic of the study and the aims of the study. The second chapter describes and defines the term video game and computer game. The third chapter contains brief history of the development of video games and their technical and legal protection. The section highlights important milestones in the development of protection of video games as well as some important decisions regarding video games, important organisations and regulations within the European Union and international law. Fourth...
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Protection of personal rights and the name of an individual and protection of good reputation, trade name and privacy of legal entities in media including analysis of judgements
Poláková, Pavla ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
This master thesis is focused on the topic of protection of personality rights with respect to media. The thesis presents national, European and international sources of law related to the protection of personality rights. The fundamental basis of the thesis is the Civil Code. However, the regulation of the personality rights protection is not limited to the Civil Code. Instead, it is entangled in numerous other law disciplines, e.g. the Criminal Law and the institute of defamation or the Media Law and the regulation of the right of reply. Out of the broad topic of the protection of personality rights, only a narrow section, i.e. the protection of the personality laws with respect to media, is taken into account. Besides an analysis of personality rights, an extended nomenclature description and a discussion of rightful and wrongful derogations of personality rights, a notable attention is also given to the problematics of public figures and to the comparison of the personality rights protection provided by the Civil Code to the individuals and to the legal entities. The protection of personality rights of public figures often collides with fundamental rights. Specifically, the conflict lies between the right of personality protection and the freedom of speech. In the thesis, the treatment of this...
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Copyright and patent protection of computer programs in the United States of America and in the Czech Republic - analysis and comparison
Stehlík, Petr ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Copyright and patent protection of computer programs in the United States of America and in the Czech Republic - analysis and comparison Computer programs in their nature are specific objects which have great value in the current information age. The purpose and aim of this thesis is to conduct a detailed analysis of the two most important regimes of their legal protection - copyright and patent protection. I cover both of these topics in the context of the law of the United States of America (USA) first and then in relation to the law of the Czech Republic. In the chapters about copyright protection, I specifically describe the individual aspects of a computer program, such as source and object code, graphical user interface, structure and functions of a computer program and whether and under what conditions these aspects of a computer program are protected. After that I analyse the conditions of a computer program's protection in connection with patents. As to the law of the USA, the most important source of law are understandably decisions of local courts in which the form and conditions of both copyright and patent protection of computer programs are described in a detailed manner. In the chapters which concern legal protection of computer programs in the Czech Republic (specifically in...
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Let's Play videos from the point of view of copyright law
Hálek, Jakub ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Let's Play videos from the point of view of copyright law Abstract This Master's Thesis examines Let's Play videos (that are a new but significant and popular part of the entertainment industry) from the point of view of copyright law, especially the Czech one. The view of the European Union law is of course not omitted. With respect to the global nature of the issue, the Thesis includes selected foreign legislation, case law and expert opinions. Since the issue of Let's Play videos is new and almost unexplored, this Thesis examines and defines not only Let's Play videos but also their creators. It also identifies sources of income from Let's Play videos, persons involved and their interests, which can collide with each other. Given the existential interdependence of Let's Play videos on videogames, this Thesis examines even some relevant copyright aspects of videogames. Besides the question of copyright classification of Let's Play videos, the Thesis also deals with not so obvious consequences of such classification. There are analyzed possible legal titles for the use of video games and their elements in the creation, publication and monetization of Let's Play videos as well. Subsequently, this Thesis also examines and analyses the current worldwide licensing practice in this field. Despite the fact, that...
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Rights of performíng artists and their protection in the sphere of internet and social networking sites
Makulová, Pavlína ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The main objective of this thesis is to define the rights of performer as complexly as possible and to describe the tools of their legal protection in general and in more detail to describe the tools of their legal protection in the realm of internet and social media. The topic of this thesis is systematically divided into six chapters, which are further subdivided into subchapters. The first chapter provides an overview of formal sources of law regulating the rights of performers and affecting the Internet and social media. The second chapter provides a general characteristic of copyright and rights of performers. This chapter also places these rights into the context of intellectual property law and defines the term intangible asset. In the third chapter, attention is paid to defining the concepts of the author's work, artistic performance and the difference between them, including differences between the author and the performer. The fourth chapter deals with the rights of the performer. It deals with their nature, conditions of origin and extinction and contains their comprehensive list. Part of this chapter is a subchapter on collective management or license agreement. The fifth chapter defines the concepts of the Internet and the social media. Attention is also paid to the definition of...
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Software piracy
Boubel, Marian ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Software piracy Abstract This diploma thesis is focused on the topic of "Software piracy", especially with regard to the legal regulation of the Czech legal order, primarily to the regulation of the Act No. 121/200 Coll., on Copyright and Rights Related to Copyright and on Amendment to Certain Acts (the Copyright Act), as amended. The main goal of this diploma thesis is to describe in complexity the software piracy, its types and present the individual kinds of malware, with regard to the two possible approaches to the topic. Formally, the thesis is divided into eight chapters which are further divided into individual subchapters. The first chapter is devoted to a brief outline of the history and current trends in software piracy. The second chapter deals with the definition of the term software and describes the basic properties of computer programme. In the third chapter, individual areas of the legal protection of computer programmes are described, i.e. areas of international law, European law, and copyright, administrative and criminal law of the Czech Republic. There are also briefly presented some other forms of legal protection of software, such as contract-based protection or patent protection of software. The fourth chapter discusses the categorization of software with regard to the individual...
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Unlawful use of a copyrighted work
Vik, Michal ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
This diploma thesis deals with the topic of unauthorized use of copyrighted work. The aim of the thesis is to offer the reader an insight into the issue of the use of copyrighted work in general and the current possibilities of copyright protection in the Czech Republic. For this purpose, it defines basic copyright terms, by which it acquaints the readers with the content of the rights of authors and other entitled persons, as well as the claims that such persons may claim in the event of unauthorized interference with their rights. By listing the cases and the ways of fair use of the copyrighted works, the reader will, a contrario, be introduced to the issue of unauthorized use and unauthorized interventions, and consequently the claims with which one can defend against such unauthorized interventions. At the same time, the reader will be informed of the responsibilities and penalties that threaten the violators of the protected rights, whether civil, administrative or criminal. The thesis also attempts to compare the new amendment of the Copyright Act, especially in the field of collective management of copyright and related rights, based on the implementation of Directive 2014/26/EU, which substantially changed the form of Title IV of the Copyright Act. It also reports on the recent changes in...
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Copyright aspects in creation of webpages
Kempa, Petr ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The topic of this Master's degree thesis is Copyright aspects in creation of webpages. The reason for this topic was especially in general economic significance of webpages in this age, which is very often without appropriate consequences in contractual practice of its creation. The author realizes that problematic of the webpages creation brings whole range of legal issues so he has to focus on creation of the one part of webpages to make beneficial academic and legal practice outcomes. Author's decision was to deal with content management system, which is in his opinion the most important part of the majority of current webpages. It was necessary to lay down an elementary terminology in the beginning of the thesis in order to comprehend all legal issues in essential technical context. Another reason is that some legal conclusions required also non-legal (technical) knowledge. Following chapter of the thesis analyzes legal nature of webpages in respect of technical context. The fourth chapter is core of the thesis and deals with analysis of content management system's legal nature as computer program and with its creation in copyright perspective. First of all this chapter provides analysis of the requirements that the computer programs have to fulfill in order to obtain the copyright protection. Moreover...
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Liability of information society services provider for the storage of information provided by a recipient of the service
Jirovský, Jakub ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Thesis title: Liability of information society services provider for the storage of information provided by a recipient of the service This paper deals with a special liability rules for service providers that play a key role in the Internet environment and provide hosting services. Objectives of this paper are to specify the concept of the ISP, describe related current issues and above all to present and analyse the drafted legislation, which was presented by the European Commission at the end of 2016 and which has the potential to significantly influence the elaborated issues. In order to achieve the aforementioned objectives, the thesis identifies the legislation dealing with this issue and describes the relationship between the European and Czech regulations. It also further specifies the essential conditions for the attainment and subsequent preservation of a Safe Harbour, which excludes the application of general liability rules. It also deals with the ISP's no obligation to monitor the information they store. In connection with the above-mentioned matter, this thesis analyses important decision- making practice, which presents advanced interpretation of the issue and the development of SDEU's approach to the status of ISP in general. In its practical part, this paper focuses on the...
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Selected aspects of protection of personality focused on new media
Navrátilová, Pavlína ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The chosen aspects of protection of personality in the focus of the new media The main aim of this thesis is to demonstrate on a scale of a few chosen aspects in which way are the personal rights protected in the environment of the new media and to what extend is this protection really working. In this thesis I describe the traditional institutes of the protection of personality, as well as the new ones, which are applied in the very specific environment of the new media. I show and describe the advantages and the weak points of these institutes on the deliberately chosen aspects Firsty, I dedicate the opening chapters to the protection of personality in general and describe the traditional institutes of the protection of personality. Then I focus on the specificity of the new media as the phenomen a I describe the new media from the legal and sociological point of view. After that I think over the legitimity and need of the cyberspace regulation and the formation of a new legal area. In Chapter Two I describe the most common problems that confronts the protection of personality in the new media environment. On the chosen courts' decision I demonstrate the basic decision making principles of the Czech and European courts when the confrontation of two fundamental rights is needed (the most commonly...
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